EASTHAM CONSERVATION COMMISSION
28 July 2009
MINUTES
PRESENT: Glenn Collins, David Hoerle, Steven LaBranche, Lorraine Giovinazzo.
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Nick Duffy of Bartlett Tree, David & Dawn Skiba, David & Phyllis Olson, Kate Langsen, Mary Kirwan, Beth Collins, Sandra Larsen, Katelyn Siddell of East Cape Engineering, Inc., Ron Snider.
Vice Chairman Hoerle brought the meeting to order at 7:00 P.M.
Ms. Giovinazzo MOVED and Mr. Collins SECONDED the Motion to approve the Minutes of 23 June 2009.
SO VOTED UNANIMOUSLY.
7:10 P.M. Administrative Review, Pfeifer & Russo, 30 Richard Lane, Map 21, Parcel 062D.
Deputy Usowski presented this application to the Commissioners. The Applicants wish to flush cut two trees which are hanging over the shed in the rear northern corner of the house. She said the site is well vegetated.
After brief discussion, Mr. Collins MOVED and Ms. Giovinazzo SECONDED the Motion to ratify this Administrative Review.
SO VOTED UNANIMOUSLY.
Deputy Usowski told the Commissioners that the DPW would like to patch the existing hot mix/asphalt ramp at Collins Landing. She said it the Superintendent told her it would take about one hour to dry and they would not do it on a wet or rainy day. They were curious if they needed to take any steps before patching the holes. They do have a maintenance condition for town parking lots.
Mr. Collins said he should perhaps recuse himself from any discussion on this matter as he is an abutter, but wondered what material they were proposing to use. He said he would not want to see an asphalt product of any type used there. He said there is an oyster grow-out area within 60' of the landing so he thinks the issue of what they intend to use must be answered. He said he knows that the Orleans Yacht Club used some sort of pre-cast concrete material.
Deputy Usowski said she will ask the DPW to submit an Administrative Review application so that the Conservation Commission will have all the information about what is proposed.
Deputy Usowski told the Commissioners that Reicherter, at 345 Harmes Way, who was issued an Order of Conditions for a new septic system and well a couple of months ago, dug a test hole for the well and did not find potable water. She said they asked her if they could do a pilot test for a new location. It will still be within the Limit of Work and will actually be closer to the road. She said they will come back when the new well location is decided and the Commission can issue an Amended Order or deal with this as a Change in Plans, whichever will be appropriate.
7:15 P.M. Notice of Intent filed by Kate Langsen, 95 Herringbrook Road,
Map 17, Parcel 598.
Vice-Chairman Hoerle announced this hearing. Nick Duffy from Bartlett Tree Experts was present for the Applicant, Ms. Langsen, who was in the audience along with the owner of the property, Beth Collins.
Mr. Duffy explained that they had done some pruning on the property which had been done in the past with an Administrative Review. He said the ownership of the property had changed and that although there is a view easement in the deed, they did not realize they needed written permission from the owner and approval from the Conservation Commission each time pruning takes place. He said they all recently met on site a couple of times to come up with a plan to keep everyone happy while going forward and to make sure that everyone is notified in the future as to what is going on.
Mr. Duffy said there is no damage to the bank and no under story removal. He said that basically pruning the tree height would be done every two to three years as necessary.
Deputy Usowski said there are nine trees and the work was completed back in February and they were issued an Enforcement Order and a fine because they did not receive approval from the Conservation Commission. She said the neighbors have agreed that the work can be done and the owner, Ms Collins, will need to write a letter stating so, in order to comply with the deed. She said the work will take place within 50-100' of the Buffer Zone to a very minimal Coastal Bank. She read the deed language which clearly describes what height they can cut to and in what location.
Deputy Usowski said that the trees are starting to come back and that in the future they need to make sure that the cuts are healthy and will promote re-growth and not in any way obstruct or harm Ms. Collins’ home.
There was brief discussion about the present height of the trees. Deputy Usowski said this is a Notice of Intent for three years with a maintenance condition and the Applicant would need to request an Extension every three years so the Commission will have the opportunity to review this from time to time and if the Order expires, they will need to make a new application.
There was discussion about the timing for the pruning and the method of cutting. There were no comments from the floor and Mr. Hoerle closed this hearing and asked for a Motion.
Ms. Giovinazzo MOVED and Mr. LaBranche SECONDED the Motion for Order of Conditions 1-18, 19, 20, 21, 22 no trees shall be pruned to a height less than 25' above sea level, 26 to include that Bartlett Tree Experts will prune overhanging branches from near the Collins house on an as-needed basis, 29, 34 for maintenance, growth more than 25' above sea level in the specified view corridor may be pruned upon written approval from Ms. Collins, 38 Ms. Collins must be notified in writing prior to each occasion of cutting, 39 the Conservation Commission must receive written approval from Ms. Collins prior to issuance of this Order of Conditions, 40 trees shall be cut to promote health and re-growth.
SO VOTED UNANIMOUSLY.
7:30 P.M. Notice of Intent filed by Ronald & Barbara Snider, 205 Herringbrook Road, Map 17, Parcel 489.
Vice-Chairman Hoerle announced this hearing. Katelyn Siddell of East Cape Engineering, Inc. was the Applicants’ representative and Mr. Snider was present. This application is for the installation of a Title V septic system upgrade within 100' of a Coastal Bank and a 120 square foot expansion of an existing patio at the above address.
Ms. Siddell presented revised plans for this proposal. She said the revised plans are a benefit and won’t be changing any possible impacts. She said the have moved the leaching area 3' farther away from the Coastal Bank and have reduced the size of the system from a 5-bedroom design to a 4-bedroom design.
Ms. Siddell told the Commissioners that the current septic system has failed and the Applicants are proposing to upgrade. She said the leaching area would be 75' from the Top of the Coastal Bank which is minimal in this area. She said it is a Coastal Bank by definition however. She said they are proposing to place the leaching area just behind the existing patio and the existing leach pit would be removed. She said that access to the site is limited so the Snider’s neighbors will allow access along their property. She said they will snake through the trees as much as possible but two or three Pitch Pines will need to be removed.
Ms. Siddell said they discussed alternatives, but it would be extremely expensive and require the removal of a large amount of hardscaping. She said she doesn’t feel there will be any impact to the function of the Coastal Bank.
Deputy Usowski said she met on site with Ms. Siddell and previously with Mr. Snider
and the first thing they discussed waswhat the alternatives might be; but, as Ms. Siddell said, there is a lot of hardscaping and it would me greater disturbance. Deputy Usowski said the alternative may not be a feasible one. She said the Coastal Bank is very gradual slope so the Commission is looking at Storm Damage Prevention and Flood Control. She said they will need a Variance from the Board of Health to be within 75' of
a Coastal Bank. She said the location puts it at the edge of the proposed addition to the inlaid patio and the Limit of Work shown on the plan is a bit large so that it can be determined on site. Deputy Usowski showed photos of the site.
There was some discussion about why the septic system failed and Mr. Snider told the Commissioners that they had the system inspected about four to five years ago and it was fine. He said they have had it pumped bi-annually and the last time the had it done in may it was above the “T” and they were told they should investigate replacing it.
Commissioner Collins pointed out a discrepancy with the plans which show an existing 1,000 gal. tank and the notes which say a 1,500 gal. tank. Ms. Siddell said the notes were incorrect and it will be a 1,000 gal. tank and she would change the notes. Ms. Siddell said the existing hardscape and landscape plans were presented by Misty Hill Landscape Design and approved by the Commission in 2004.
Commissioner Hoerle asked if there was any possibility of using the area where the existing patio is and putting the patio over the leach field. Ms. Siddell said they did look at that and there are sideline setbacks which they need to consider and the cost for removing the replacing the patio is quoted at around $20,000.
There was some discussion about whether an impermeable barrier could be installed to prevent effluent from getting into the water. Commissioner Hoerle told Ms. Siddell he would appreciate it if she would investigate this possibility. There was further discussion about the installation of an alternative Nitrogen-reducing system. Ms. Siddell said they designed for Title 5 standards and it would be the Board of Health’s jurisdiction to determine whether an alternative system is necessary.
David Skiba, the next-door neighbor, spoke from the floor expressing his concern about the leachate going toward the marsh. He said he spoke with Mr. Snider and East Cape Engineering about moving the system closer to the house where the patio is and his question is if it is moved 10' back will anything of significance be gained. He said does lifting the patio blocks take it out of the realm of technically feasible alternative to gain 10' and would the 10' make a difference. He said this particular residence is assessed as a two-bedroom home and when the property was purchased the inspection reports was for a three-bedroom system in 2000. He said that this application started out for a five bedroom home and was pulled back to a four-bedroom system. He said it’s a 25,000 square foot lot which today would
allow a two-bedroom system. He asked if this might be the appropriate time to move the patio blocks to gain 10' or suggest that an alternative system be installed. He said he doesn’t know the answer, but as a neighbor with a well 105' away, he is concerned. He said he doesn’t know the answers but poses the question to the Commission so it can exercise it’s judgment on this.
Deputy Usowski asked Mr. Snider if the entire patio would need to be removed if the septic were to be placed in that area and Mr. Snider said a majority of the patio would have to come up as well as planting beds and raised elevation beds and it would have a significant impact.
Ms. Siddell said that if they were looking at the jurisdiction of 100' from a Salt Marsh it would be different Performance Standards than they are looking at which is the form and function of the Coastal Bank. She said they are 103' from the Salt Marsh. She said that she thinks the proposed design is the most feasible with the least amount of impacts. Further discussion followed about relocation and the associated costs and whether 10' would really be a significant improvement.
It was posed by Commissioner Collins that perhaps this question may necessitate the hiring of an outside consultant to help determine the answer. Deputy Usowski this may be able to be answered within the Town by the Board of Health. Mr. Snider said that although there may be regulations and by-laws that could be investigated, he presently is living with a failed system and has virtually cut off access to his home for friends and relatives and they do not flush every time which is rather unpleasant. He said that from a common sense standpoint all these questions could probably be debated forever and they would still not find a definite answer and the impact would be the same either way.
Mr. Snider said that in the meantime he is the one who would be greatly inconvenienced by this and he would like to get it resolved as soon as possible. He said that if there is strong objection or evidence which can be brought forth in a timely manner he doesn’t have a problem with that; but, he would “like to get his life back”.
Vice-Chairman Hoerle told Mr. Snider that he appreciates his thoughts, but his situation is not uncommon. He said the Commission is trying to deal with these situations in the most efficacious manner they can without jeopardizing the citizens of the town.
Ms. Siddell said the Commission is looking at the impacts of an existing failed system and thinks it is more the Board of Health’s jurisdiction as to whether they need to have a nitrogen reduction system. She said the Commission is looking at the Performance Standards for a Coastal Bank and she feels their design meets that.
Mr. Skiba suggested that the Commission communicate their concerns to the Board of Health and go forward with a decision on this proposal. Deputy Usowski said it is not up to the Commission to say whether the Applicant should install a nitrogen reduction system but she can definitely make the recommendation to the Board of Health.
There was no further discussion or questions and Vice-Chairman Hoerle closed this hearing. Commissioner Collins MOVED and to approve this proposal with Order of Conditions 1-18, 19, 20, 21, 22 silt fence and before any work commences the engineer, contractor and Conservation Agent shall meet on site to determine the Limit of Work line, 26, 27, 28, 29, 32, 33, 37 to be maintained at the 75' contour, 38 recommendation to the Board of Health regarding the Commission’s concerns about nitrogen etc. Ms. Giovinazzo SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:35 P.M. Request for Certificate of Compliance, Morello, DEP SE 19-1062, 45 Bayview Drive, Map 13, Parcel 017.
Deputy Usowski reviewed this file for the Commissioners. She said this was for the approval of a one-time nourishment and the construction of a sand-drift fence. She said the sand-drift fence is still in place with a fair bit of sand behind it. She said there is some scour higher on the bank but it is not impacting the house which is about 75' from the Top of the Coastal Bank. She said it is in compliance and the beach grass is taking over so she feels the bank will become more stable in time.
Mr. Collins MOVED and Mr. LaBranche SECONDED the Motion to grant a Certificate of Compliance for DEP SE 19-1062.
SO VOTED UNANIMOUSLY.
8:40 P.M. Arruda/Beaudoin, DEP SE 19-1320, 51 Longstreet Lane & Town of Eastham’s half of Liberty Ave. at Crest Ave., Map 10, Parcel 344.
Deputy Usowski reviewed for the Commission that when they voted to issue the Order of Conditions for this project one of the conditions was that the revetment be installed on the Arruda/Beaudoin’s land only. She said a new plan has been submitted showing that, but there is a sand-drift fence which is on Town land. She said there is also a condition that this was to be approved by the Board of Selectmen before the Order is issued and to her knowledge this has not been done yet so this Order of Conditions is still on hold.
Deputy Usowski reviewed the plans with the Commissioners and they agreed to hold off on signing the plans until this project is reviewed by the Board of Selectmen.
There was no further business and Ms. Giovinazzo MOVED to adjourn at approximately 9:00 P.M. Mr. LaBranche SECONDED the Motion
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley,
Clerk
cc: Town Administrator Building & Health
Town Clerk Planning Board
Board of Selectmen Library
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